Central Mills Co. v. Stewart
Massachusetts Supreme Judicial Court
Contract on a bond, dated January 31,1881, executed only by James Stewart and John H. Autcliff, “ as sureties,” and reciting that whereas the plaintiff “ has caused the goods and estate of P. T. Walsh, to the value of one hundred dollars, to be attached on mesne process, in a civil action, by virtue of a writ, bearing date the seventeenth day of January, A. D. 1881, and returnable to the First District Court of Southern Worcester, to be holden at Southbridge, within and for…
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Contract on a bond, dated January 31,1881, executed only by James Stewart and John H. Autcliff, “ as sureties,” and reciting that whereas the plaintiff “ has caused the goods and estate of P. T. Walsh, to the value of one hundred dollars, to be attached on mesne process, in a civil action, by virtue of a writ, bearing date the seventeenth day of January, A. D. 1881, and returnable to the First District Court of Southern Worcester, to be holden at Southbridge, within and for the county of Worcester, in said Commonwealth, on the twenty-eighth day of February next; in which writ said Central…
1Opinion of the CourtDevens, J.
The bond in suit is not such a bond as is required by statute, which being given, and the proper steps in relation thereto being complied with, operates to dissolve an attachment without the plaintiff’s consent. - Gen. Sts. c. 123, §§ 104-106. St. 1875, c. 68, § 2. But the creditor may voluntarily consent to dissolve an attachment by which he has sought to secure his debt, and, if he does so at the request of any one, *463a promise by such a person to pay the debt sought to be secured, either before or after judgment, is made upon a valid legal consideration. The bond by which the defendants…
2Cases cited4 opinions
- Campbell v. BrownMassachusetts Supreme Judicial Court · 1877
- Mosher v. MurphyMassachusetts Supreme Judicial Court · 1876
- Eveleth v. BurnhamMassachusetts Supreme Judicial Court · 1871
- Smith v. MeeganMassachusetts Supreme Judicial Court · 1877
3Cited by11 opinions
- Mass. Building Finish Co. v. BrennerMassachusetts Supreme Judicial Court · 1934
- Schunack v. Art Metal Novelty Co.Supreme Court of Connecticut · 1911
- BullockMassachusetts Supreme Judicial Court · 1925
- Easton v. OrmsbySupreme Court of Rhode Island · 1893
- Johnson v. DunSupreme Court of Minnesota · 1899
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